/content/aba-cms-dotorg/en/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_treatmentprisoners. (c) In no case should correctional authorities use force against a prisoner: (i) to enforce an institutional rule or an order unless the disciplinary process is inadequate to address an immediate security need; (ii) to gratuitously inflict pain or suffering, punish past or present conduct, deter future conduct, intimidate, or gain information; or. (ix) an appropriate individual and, when appropriate, systemic remedy if the grievance is determined to be well-founded. (a) Correctional authorities should not seek to impose a disciplinary sanction upon a prisoner for misconduct unless the misconduct is a criminal offense or the prisoner was given prior written and effective notice of the violated rule. Cut-down tools should be readily available to security personnel, who should be trained in first aid and cardiopulmonary resuscitation, cut-down techniques, and emergency notification procedures. Correctional authorities should be permitted to subject all visitors to nonintrusive types of body searches such as pat-down and metal-detector-aided searches, and to search property visitors bring inside a correctional facility. (c) Correctional authorities should whenever practicable allow each prisoner not in segregated housing to eat in a congregate setting, whether that is a specialized room or a housing area dayroom, absent an individualized decision that a congregate setting is inappropriate for a particular prisoner. (a) Correctional authorities should conduct all searches of prisoner living quarters and belongings so as to minimize damage to or disorganization of prisoner property and unnecessary invasions of privacy. (e) A correctional agencys grievance procedure should be designed to instill the confidence of prisoners and correctional authorities in the effectiveness of the process, and its success in this regard should be periodically evaluated. (c) When federal or state law authorizes a governmental or non-governmental agency or organization to conduct an investigation relating to a correctional facility, correctional officials should allow that agency or organization convenient and complete access to the facility and should cooperate fully in the investigation. (e) At intervals not to exceed three months, correctional authorities should afford a p risoner placed in protective custody a review to determine whether there is a continuing need for separation from the general population. Whenever practicable, a qualified health care professional should participate in efforts to avoid using four- or five-point restraints. To the extent practicable, continually operating stationary video cameras should be used in areas in which uses of force are particularly likely, such as intake areas, segregation, and mental health units. (q) The term qualified mental health professional means psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who by virtue of their education, credentials, and experience are permitted by law to evaluate and provide mental health care to patients. Assume all accounts have normal balances. (b) A correctional agency should designate an internal unit, answerable to the head of the agency, to be responsible for investigating allegations of serious staff misconduct, including misconduct against prisoners, and for referring appropriate cases for administrative disciplinary measures or criminal prosecution. (b) Correctional authorities should not discriminate against a prisoner in housing, programs, or other activities or services because the prisoner has a chronic or communicable disease, including HIV or AIDS, unless the best available objective evidence indicates that participation of the prisoner poses a direct threat to the health or safety of others. (e) Health care should be based on the clinical judgments of qualified health care professionals, not on non-medical considerations such as cost and convenience. The term correctional facility does not include a facility that serves solely as an immigration detention facility, a juvenile detention facility, or a juvenile correctional facility. A contracting agency should make provision for on-site monitoring of each location to which prisoners are sent. (h) Except in an emergency, such as a natural disaster, no prisoner of a state or local correctional agency should be sent out of state to a private facility pursuant to a contract unless there has been an individualized determination that security of the system or the prisoner requires it, or that the prisoner and the prisoners individualized programming plan and individualized re-entry plan will not be significantly adversely affected by the move. (a) Correctional authorities should treat prisoners in a manner that respects their human dignity, and should not subject them to harassment, bullying, or disparaging language or treatment, or to invidious discrimination based on race, gender, sexual orientation, gender identity, religion, language, national origin, citizenship, age, or physical or mental disability. (f) Correctional officials should, to the extent reasonable, make resources and facilities available for religious purposes to all religious groups and prisoners following sincerely held religious beliefs within a correctional facility, and should not show favoritism to any religion. Prisoners should be entitled to present any judicially cognizable issue, including: (i) challenges to the legality of their conviction, confinement, extradition, deportation, or removal; (ii) assertions of any rights protected by state or federal constitution, statute, administrative provision, treaty, or common law; (iii) civil legal problems, including those related to family law; and. (d) Correctional administrators and officials should seek accreditation of their facilities and certification of staff from national organizations whose standards reflect best practices in corrections or in correctional sub-specialties. Procedural protections for prisoners should include, at a minimum: (i) access for all prisoners, with safeguards against reprisal; (ii) methods for confidential submission of grievances; (iii) reasonable filing and appeal deadlines; (iv) acceptance of grievances submitted or appealed outside the reasonable deadlines, if a prisoner has a legitimate reason for delay and that delay has not significantly impaired the agencys ability to resolve the grievance; (v) written responses to all grievances, including those deemed procedurally improper, stating the reasons for the decision, within prescribed, reasonable time limits; (vi) shortened time limits for responses to emergencies; (vii) an appeal process that allows no more than [70 days], cumulatively, for official response(s) to all levels of appeal except if a correctional official extends the period upon an individualized finding of special circumstances; (viii) treatment of any grievance or appeal as denied, for purposes of the prisoners subsequent appeal or review, if the prisoner is not provided a written response within the relevant time limit; and. (a) Correctional authorities should maintain living quarters and associated common areas in a sanitary condition. Each jurisdiction should develop a comprehensive plan, in advance of entering into any contract, to ensure that this ability remains. (f) Correctional officials should not use a lockdown to substitute for disciplinary sanctions or for reclassification of prisoners. (b) When restraints are necessary, correctional authorities should use the least restrictive forms of restraints that are appropriate and should use them only as long as the need exists, not for a pre-determined period of time. Prisoners should receive credit against any disciplinary sentence for time served in prehearing confinement if prehearing conditions were substantially similar to conditions in disciplinary segregation. (a) A correctional agency should establish an independent internal audit unit to conduct regular performance auditing and to advise correctional administrators on compliance with established performance indicators, standards, policies, and other internal controls. If contact visits are precluded because of such an individualized determination, non-contact, in-person visiting opportunities should be allowed, absent an individualized determination that a non-contact visit between the prisoner and a particular visitor poses like dangers. over the past several decades, inmates have pursued rights guaranteed in the US constitution by filing section _____ petitions in US federal courts. (b) Correctional authorities should screen each prisoner as soon as possible upon the prisoners admission to a correctional facility to identify issues requiring immediate assessment or attention, such as illness, communicable diseases, mental health problems, drug or alcohol intoxication or withdrawal, ongoing medical treatment, risk of suicide, or special education eligibility. A correctional facility should store all prescription drugs safely and under the control and supervision of the physician in charge of the facilitys health care program. _______are laws that are created by local, state, and federal governments, the number of section 1983 lawsuits among both state and federal prisoners dropped dramatically following the passage of the _________________. (a) Correctional authorities should be permitted to impose a range of disciplinary sanctions to maintain order and ensure the safe custody of prisoners. up until the 1960s the U.S. federal court system practiced a________ policy with respect to corrections; ultimately giving more power and discretion back to individual states correctional systems. (c) Correctional authorities should minimize the extent to which vulnerable prisoners needing protection are subjected to rules and conditions a reasonable person would experience as punitive. the combination of factors that federal courts examine to see if conditions or events constitute cruel and unusual punishment are referred to as: Iowa female inmates argued that their equal protection right under the 14th amendment were violated because programs and services were not at the same level as those provided male inmates. (b) Correctional administrators and officials should foster an institutional culture that helps maintain a safe and secure facility, is conducive to humane and respectful treatment of prisoners, supports adherence to professional standards, and encourages ethical conduct. (b) If correctional officials determine that an allegation of serious misconduct involving a prisoner is credible, the staff member who is the subject of the allegation should be promptly removed from a position of trust and placed either on administrative leave or in a position that does not involve contact with prisoners or supervision of others who have contact with prisoners, pending resolution of the matter. Indigent prisoners should be provided a reasonable amount of stationery and free postage or some reasonable alternative that permits them to maintain contact with people and organizations in the community. (b) Correctional officials should promptly and thoroughly investigate and make a record of all incidents involving violence, and should take appropriate remedial action. Absent an individualized finding that security would be compromised, such treatment should take place out of cell, in a setting in which security staff cannot overhear the conversation. (ix) opportunity for the prisoner to appeal within [5 days] to the chief executive officer of the facility or higher administrative authority, who should issue a written decision within [10 days] either affirming or reversing the determination of misconduct and approving or modifying the punishment imposed. (b) Conditions of extreme isolation should not be allowed regardless of the reasons for a prisoners separation from the general population. (d) Correctional authorities should review the classification of a prisoner housed in a prison at least every [12 months], and the classification of a prisoner housed in a jail at least every [90 days]. (b) The term correctional administrator means an individual with responsibility for system-wide operations and management. (d) At intervals not to exceed [90 days], a full classification review involving a meeting of the prisoner and the specialized classification committee should occur to determine whether the prisoners progress toward compliance with the individual plan required by subdivision (b) of this Standard or other circumstances warrant a reduction of restrictions, increased programming, or a return to a lower level of custody. (f) Except in an emergency, force should not be used unless authorized by a supervisory officer. Except in the event of an emergency lockdown of less than [72 hours] in which security necessitates denial of such access, prisoners should be afforded access to showers, correspondence, delivery of legal materials, and grievance procedures. The ____________ is a prison governance theory which states that prison disorder results from unstable, divided, or otherwise weak management. (b) Correctional officials should provide prisoners opportunities to make suggestions to improve correctional programs and conditions. Correctional authorities should employ strategies and devices to allow correctional staff of the opposite gender to a prisoner to supervise the prisoner without observing the prisoners private bodily areas. (iv) fire alarms and other forms of emergency notification that communicate effectively with prisoners with hearing or vision impairments. Of the reasons for a prisoners separation from the general population have pursued rights guaranteed in the constitution! 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